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200302073 <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to <br />the Secured Debt, whether or oat then due, at Beneficiary's Option. Any application of proceeds to principal shall not <br />extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid <br />to the Grantor. If the Property is acquired by Beneficiary, Tmslor's right to any insurance policies and proceeds resulting <br />from damage m the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt inunediately <br />before the acquisition. <br />20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement., Truslor will not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br />21. FINANCIAL. REPORTS AND ADDITIONAL DOCUMENTS. Tmslor wilt provide to Beneficiary upon request, any <br />financial statement nr information Beneficiary may deem reasonably necessary. Tmstor agrees to sign, deliver, and file any <br />additional docwnents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Grantor's <br />obligations under this Security Instrument and Beneficiary's lien status on the Property. <br />22. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under <br />this Security Instrument are joint and individual. If Trusmr signs this Security Insl amem but does not sign an evidence of <br />debt, Truster does so only to mortgage Tmstot's interest in the Property to secure payment of the Secured Debt and <br />Truster does not agree to be personally liable on the Secured Debt If this Security Instrument secures a guaranty between <br />Beneficiary and Toaster, Toaster agrees to waive any rights that may prevent Beneficiary from bringing any action or clahn <br />against Truster or any party indebted under the obligation. These rights may include, but are not limited to, any <br />anti deficiency or one- action laws. Tmslor agrees that Beneficiary and any party to this Security Instrument may extend, <br />modify or make any change in the terms of this Security Instrument or any evidence of debt without Tricot's consent. <br />Such a change will not release Tmstor from the teems of this Security Instrument. The duties and benefits of this Security <br />Instrument shall bind and benefit the successors and assigns of Truster and Beneficiary. <br />23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the <br />jurisdiction in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where <br />the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be <br />amended of modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to <br />the Secured Debt that conflicts with applicable law will Out be effective, unless that law expressly or implicitly permits the <br />variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that <br />section will be severed and will not affect the enforceability of the rernainder of this Security Instrument Whenever used, <br />the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security <br />fi strmment are for convenience only and are not to he used to interpret Or define the genus of this Security Instrument. <br />time is of the essence in this Security htslrummat. <br />24. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a <br />successor trustee without any other toetality dun the designation in writing. The successor trustee, without conveyance of <br />the Property, shall succeed to all the title, power and duties conferred upon 'Trustee by this Security Instrument and <br />applicable law. <br />25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail <br />Ili the appropriate party's address on page I of this Security Instrument, or to any other address designated in writing. <br />Notice to one trustor will be deemed to be notice to all castors. <br />26. WAIVERS. Bxcepl to the extent prohibited by law, Truster waives all appraisement and homestead exemption rights <br />relating to the Property. <br />27. OTHER TERMS. If checked, the following are applicable to this Security Instalment: <br />❑ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be <br />reduced to a zero balance, this Security Instrument will remain to effect until released. <br />W Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement <br />on the Property <br />[X Fixture Hling. Truslor grants In Beneficiary a security interest in all goods that Grantor owns now or in the future <br />and nut are or will become fixtures related to the Property. Phis Security Instrument suffices as a financing <br />statement and any carbon, photographic or other reproduction Only be filed of record for purposca of Article 9 of the <br />Uniform Comrmcrcial Code. <br />❑ Riders. The covenants and agreements Of each of the riders checked below are incorporated into and supplement and <br />amend the teens of this Security Iustrument. [Check all applicable boxes] <br />❑ Conduminiun Rider ❑ Plauued Unit Development Rider ❑ Other ................... ............................... <br />❑ Additional Terms. <br />SIGNATURES: By signing below, Truster agrees to the terns and covenants contained in this Security Instrument and in any <br />attachments. Tastor also acknowledges receipt of a copy of this Security Instmmeed on the dale staled on page 1, <br />omuq by 1 7 J QQt v ly a I g � 3 <br />nwrd (sitnmuml Jo a .Wllou hh (True) <br />(' �J.hu . Wi lloughby I g Y <br />ACRNOWLEDGMEN'1 <br />STATE OF Nohyaaka ....... COUNTY OF Hall ... ] ss. <br />°,NlrLM1ann This instrument was acknowledged before me this B311h. day Of Fehrmary , 2QU3.... . ..... <br />by JgbRD. WilloughhY.. QYv. QM..WIIlaugbhg,.HushaodandWife.. <br />My commission expires <br />James E Bennau <br />C 1996 BenketF Symms, Irc., Sc Cloud, MN Fenn aWTN V30 13003 (page 4 ,f 4. <br />WERAL NOTARY -State N Nebraska <br />JAMES E. BENNAU <br />By comm. Erp. Aut 4, 2006 <br />